I 

112TH CONGRESS 

1ST SESSION H. R. 1338 

To improve the efficiency, operation, and security of the national transportation system to move freight by leveraging investments and promoting 

partnerships that advance interstate and foreign commerce, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 1, 2011 

Mr. SIRES (for himself, Mr. COHEN, Mr. BLUMENAUER, and Mr. SMITH of 

Washington) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To improve the efficiency, operation, and security of the 

national transportation system to move freight by 

leveraging investments and promoting partnerships that 

advance interstate and foreign commerce, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Focusing Resources, Economic Investment, and Guid6 ance To Help Transportation Act of 2011’’. 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•HR 1338 IH

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FREIGHT TRANSPORTATION POLICY AND STRATEGIC 

DEVELOPMENT 

Sec. 101. Federal Government role in freight transportation. 

Sec. 102. Office of freight planning and development. 

Sec. 103. Transportation investment data and planning tools. 

TITLE II—FREIGHT TRANSPORTATION INVESTMENT 

Sec. 201. National freight infrastructure investment grants. 

Sec. 202. Port infrastructure development initiative. 

3 TITLE I—FREIGHT TRANSPOR4 TATION POLICY AND STRA5 TEGIC DEVELOPMENT 

6 SEC. 101. FEDERAL GOVERNMENT ROLE IN FREIGHT 

7 TRANSPORTATION. 

8 (a) IN GENERAL.—Subchapter I of chapter 3 of title 

9 49, United States Code, is amended by adding at the end 

10 the following: 

11 ‘‘§ 310. National freight transportation policy 

12 ‘‘(a) NATIONAL FREIGHT TRANSPORTATION POL13 ICY.—It is the policy of the United States to improve the 

14 efficiency, operation, and security of the national trans15 portation system to move freight by leveraging invest16 ments and promoting partnerships that advance interstate 

17 and foreign commerce, promote economic competitiveness 

18 and job creation, improve the safe and efficient mobility 

19 of goods, and protect the public health and the environ20 ment. 

mstockstill on DSKH9S0YB1PROD with BILLS

3 

•HR 1338 IH

1 ‘‘(b) OBJECTIVES.—The objectives of the policy 

2 are— 

3 ‘‘(1) to target investment in freight transpor4 tation projects that strengthen the economic com5 petitiveness of the United States with a focus on do6 mestic industries and businesses and the creation of 

7 high-value jobs; 

8 ‘‘(2) to promote and advance energy conserva9 tion and the environmental sustainability of freight 

10 movements; 

11 ‘‘(3) to facilitate and advance the safety and 

12 health of the public, including communities adjacent 

13 to freight movements; 

14 ‘‘(4) to provide for systematic and balanced in15 vestment to improve the overall performance and re16 liability of the national transportation system to 

17 move freight, including ensuring trade facilitation 

18 and transportation system improvements are mutu19 ally supportive; 

20 ‘‘(5) to promote partnerships between Federal, 

21 State, and local governments, the private sector, and 

22 other transportation stakeholders to leverage invest23 ments in freight transportation projects; and 

24 ‘‘(6) to encourage adoption of operational poli25 cies, such as intelligent transportation systems, to 

mstockstill on DSKH9S0YB1PROD with BILLS

4 

•HR 1338 IH

1 improve the efficiency of freight-related transpor2 tation movements and infrastructure. 

3 ‘‘(c) GOALS.— 

4 ‘‘(1) IN GENERAL.—The goals of the policy 

5 are— 

6 ‘‘(A) to reduce congestion and transpor7 tation infrastructure-related delays of goods 

8 and commodities entering into and out of inter9 national points of entry on an annual basis; 

10 ‘‘(B) to increase travel time reliability on 

11 major freight corridors that connect major pop12 ulation centers to freight generators and inter13 national gateways on an annual basis; 

14 ‘‘(C) to reduce by 10 percent the number 

15 of freight transportation-related fatalities by 

16 2015; 

17 ‘‘(D) to reduce national freight transpor18 tation-related carbon dioxide levels by 40 per19 cent by 2030; and 

20 ‘‘(E) to reduce freight transportation-re21 lated air, water, and noise pollution and im22 pacts on ecosystems and communities on an an23 nual basis. 

24 ‘‘(2) BASELINES.—Not later than 2 years after 

25 the date of enactment of the Focusing Resources, 

mstockstill on DSKH9S0YB1PROD with BILLS

5 

•HR 1338 IH

1 Economic Investment, and Guidance to Help Trans2 portation Act of 2011, the Secretary shall develop 

3 baselines for the goals and shall determine appro4 priate methods of data collection to measure the at5 tainment of the goals, utilizing the tools and data 

6 developed under section 103 of that Act. 

7 ‘‘(3) AUTHORITY.—Notwithstanding any other 

8 provision of law in effect as of the date of enactment 

9 of the Focusing Resources, Economic Investment, 

10 and Guidance to Help Transportation Act of 2011, 

11 the Secretary may, through a process of public no12 tice and comment and with reasonable prior notice 

13 to the Senate Committee on Commerce, Science, and 

14 Transportation and the House of Representatives 

15 Committee on Transportation and Infrastructure 

16 preceding any significant change, consistent with the 

17 public interest, amend the goals under this sub18 section or develop additional goals to effectively meet 

19 the policy and objectives set forth in this section.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents for chapter 3 of title 49, United States Code, is 

22 amended by inserting after the item relating to section 

23 309 the following: 

‘‘310. National freight transportation policy.’’. 

mstockstill on DSKH9S0YB1PROD with BILLS

6 

•HR 1338 IH

1 SEC. 102. OFFICE OF FREIGHT PLANNING AND DEVELOP2 MENT. 

3 (a) IN GENERAL.—Section 102 of title 49, United 

4 States Code, is amended— 

5 (1) by redesignating subsection (h) as sub6 section (i); and 

7 (2) by inserting after subsection (g) the fol8 lowing: 

9 ‘‘(h) OFFICE OF FREIGHT PLANNING AND DEVELOP10 MENT.— 

11 ‘‘(1) ESTABLISHMENT.—There is established 

12 within the Office of the Secretary an Office of 

13 Freight Planning and Development. The Office 

14 shall— 

15 ‘‘(A) coordinate investment of Federal 

16 funding to improve the efficiency of the national 

17 transportation system to move freight con18 sistent with the policy, objectives, and goals of 

19 section 310; 

20 ‘‘(B) facilitate communication among gov21 ernment, public, and private freight transpor22 tation stakeholders and nonprofit employee 

23 labor organizations; 

24 ‘‘(C) support the Secretary in the develop25 ment of the National Freight Transportation 

26 Strategic Plan; and 

mstockstill on DSKH9S0YB1PROD with BILLS

7 

•HR 1338 IH

1 ‘‘(D) carry out other duties, as prescribed 

2 by the Secretary. 

3 ‘‘(2) ORGANIZATION.—The head of the Office 

4 shall be the Assistant Secretary of Freight Planning 

5 and Development. 

6 ‘‘(3) NATIONAL FREIGHT TRANSPORTATION

7 STRATEGIC PLAN.— 

8 ‘‘(A) DEVELOPMENT.—Not later than 2 

9 years after the date of enactment of the Focus10 ing Resources, Economic Investment, and Guid11 ance To Help Transportation Act of 2011, the 

12 Secretary shall develop a long-term National 

13 Freight Transportation Strategic Plan to guide 

14 planning and investments in the national trans15 portation system to move freight to achieve the 

16 policy, objectives, and goals set forth in section 

17 310. 

18 ‘‘(B) CONTENTS.—The Plan shall in19 clude— 

20 ‘‘(i) an assessment of the current na21 tional transportation system to move 

22 freight and the system’s ability to achieve 

23 the policy, objectives, and goals set forth in 

24 section 310; 

mstockstill on DSKH9S0YB1PROD with BILLS

8 

•HR 1338 IH

1 ‘‘(ii) an analysis of emerging and 

2 long-term projected trends in economic and 

3 national trade policies, workforce training, 

4 public health, and environmental condi5 tions that will impact the performance, 

6 needs, and uses of the national transpor7 tation system to move freight; 

8 ‘‘(iii) a description of the major chal9 lenges to effectively meeting the policy, ob10 jectives, and goals set forth in section 310 

11 and a plan to address such challenges; 

12 ‘‘(iv) a proposed investment plan to 

13 develop priorities for Federal investments 

14 to implement the policy, objectives, and 

15 goals in section 310 and a strategy to de16 velop the coalitions, partnerships, and 

17 other collaborative financing efforts nec18 essary to ensure stable, reliable funding 

19 and completion of freight corridors and 

20 projects; 

21 ‘‘(v) guidelines to encourage the ap22 propriate balance of means to finance the 

23 national transportation system to move 

24 freight to implement the Plan and the inmstockstill on DSKH9S0YB1PROD with BILLS

9 

•HR 1338 IH

1 vestment plan proposed under clause (iv); 

2 and 

3 ‘‘(vi) a list of priority freight corridors 

4 and gateways to be improved and devel5 oped to meet the policy, objectives, and 

6 goals set forth in section 310. 

7 ‘‘(C) PLAN DEVELOPMENT.—In developing 

8 the Plan, the Secretary shall— 

9 ‘‘(i) consult with appropriate Federal 

10 agencies, State, local, and tribal govern11 ments, public and private transportation 

12 stakeholders, organizations representing 

13 transportation employees, nonprofit em14 ployee labor organizations, appropriate for15 eign governments, and other interested 

16 parties; 

17 ‘‘(ii) consider ongoing Federal, State, 

18 and corridor-wide transportation plans; 

19 ‘‘(iii) provide for public notice and 

20 comment, including public hearings; and 

21 ‘‘(iv) as appropriate, establish advi22 sory committees to assist with developing 

23 the Plan. 

mstockstill on DSKH9S0YB1PROD with BILLS

10 

•HR 1338 IH

1 ‘‘(D) SUBMISSION AND PUBLICATION.— 

2 Upon completion of the Plan, the Secretary 

3 shall— 

4 ‘‘(i) post it on the Department of 

5 Transportation’s public Web site; and 

6 ‘‘(ii) submit it to the Senate Com7 mittee on Commerce, Science, and Trans8 portation, the Senate Committee on Appro9 priations, the House of Representatives 

10 Committee on Transportation and Infra11 structure, and the House of Representa12 tives Committee on Appropriations. 

13 ‘‘(E) IMPLEMENTATION.—Notwithstanding 

14 any other provision of law in effect on the date 

15 of enactment of the Focusing Resources, Eco16 nomic Investment, and Guidance To Help 

17 Transportation Act of 2011, the Secretary 

18 shall— 

19 ‘‘(i) implement the Plan consistent 

20 with sections 302, 5503, 10101, and 

21 13101 of this title and section 101 of title 

22 23 to the extent that such sections do not 

23 conflict with the policy, objectives, and 

24 goals established by section 310; 

mstockstill on DSKH9S0YB1PROD with BILLS

11 

•HR 1338 IH

1 ‘‘(ii) review and revise as necessary all 

2 relevant freight transportation planning re3 quirements to ensure that such require4 ments require that regional, State, and 

5 local surface transportation planning ef6 forts funded with Federal funds are con7 sistent with the policy, objectives, and 

8 goals established by section 310; and 

9 ‘‘(iii) require recipients of Federal 

10 noncompetitively awarded transportation 

11 funds and competitively awarded freight12 related grant funds to submit a com13 prehensive annual report on the use of 

14 such funds used for freight projects, in15 cluding a description of— 

16 ‘‘(I) which projects and priorities 

17 were funded with such funds; 

18 ‘‘(II) the rationale and method 

19 employed for apportioning such funds 

20 to the projects and priorities; and 

21 ‘‘(III) how the obligation of such 

22 funds is consistent with or advances 

23 the policy and objectives established 

24 by section 310 and the Plan. 

mstockstill on DSKH9S0YB1PROD with BILLS

12 

•HR 1338 IH

1 ‘‘(F) PROGRESS REPORTS.—The Secretary 

2 shall submit biennial progress reports on the 

3 implementation of the Plan beginning 2 years 

4 after the date on which the Secretary posts the 

5 completed Plan on the Department’s Web site. 

6 The progress reports shall— 

7 ‘‘(i) describe progress made toward 

8 fully implementing the Plan and achieving 

9 the policy, objectives, and goals established 

10 under section 310; 

11 ‘‘(ii) describe challenges and obstacles 

12 to full implementation; 

13 ‘‘(iii) describe updates to the Plan 

14 necessary to reflect changed circumstances 

15 or new developments; and 

16 ‘‘(iv) make policy and legislative rec17 ommendations the Secretary believes are 

18 necessary and appropriate to fully imple19 ment the Plan. 

20 ‘‘(G) DATA.—The Secretary may conduct 

21 studies, gather information, and require the 

22 production of data necessary to develop or up23 date the Plan. 

mstockstill on DSKH9S0YB1PROD with BILLS

13 

•HR 1338 IH

1 ‘‘(H) FUNDING.—There is authorized to be 

2 appropriated to the Secretary of Transportation 

3 $3,000,000 to implement this subsection.’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Section 102(e) of title 49, United States 

6 Code, is amended by striking ‘‘4’’ and inserting ‘‘5’’. 

7 (2) Section 5315 of title 5, United States Code, 

8 is amended by striking ‘‘(4)’’ in the item relating to 

9 Assistant Secretaries of Transportation and insert10 ing ‘‘(5)’’. 

11 SEC. 103. TRANSPORTATION INVESTMENT DATA AND PLAN12 NING TOOLS. 

13 (a) IN GENERAL.—Not later than one year after the 

14 date of enactment of this Act, the Secretary shall— 

15 (1) develop new tools or improve existing tools 

16 to support an outcome-oriented, performance-based 

17 approach to evaluate proposed freight-related and 

18 other transportation projects. These new or im19 proved tools shall include— 

20 (A) a systematic cost-benefit analysis; 

21 (B) an evaluation of external effects on 

22 congestion, pollution, the environment, and the 

23 public health; 

24 (C) a valuation of modal alternatives; and 

mstockstill on DSKH9S0YB1PROD with BILLS

14 

•HR 1338 IH

1 (D) other elements to assist in effective 

2 transportation planning; and 

3 (2) facilitate the collection of transportation-re4 lated data to support a broad range of evaluation 

5 methods and techniques such as demand forecasts, 

6 modal diversion forecasts, estimates of the effect of 

7 proposed investments on congestion, pollution, public 

8 health, and other factors, to assist in making trans9 portation investment decisions. At a minimum, the 

10 Secretary, in consultation with other relevant Fed11 eral agencies, shall consider any improvements to 

12 the Commodity Flow Survey that reduce identified 

13 freight data gaps and deficiencies and help evaluate 

14 forecasts of transportation demand. 

15 (b) CONSULTATION.—To the extent practicable, the 

16 Secretary shall consult with Federal, State, and local 

17 transportation planners to develop, improve, and imple18 ment the tools and collect the data in subsection (a). 

19 TITLE II—FREIGHT 

20 TRANSPORTATION INVESTMENT 

21 SEC. 201. NATIONAL FREIGHT INFRASTRUCTURE INVEST22 MENT GRANTS. 

23 (a) ESTABLISHMENT OF PROGRAM.—Chapter 55 of 

24 title 49, United States Code, is amended by adding at the 

25 end the following: 

mstockstill on DSKH9S0YB1PROD with BILLS

15 

•HR 1338 IH

1 ‘‘SUBCHAPTER III—FINANCIAL ASSISTANCE 

2 ‘‘§ 5581. National freight infrastructure investment 

3 grants 

4 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

5 of Transportation shall establish a competitive grant pro6 gram to provide financial assistance for capital invest7 ments that improve the efficiency of the national transpor8 tation system to move freight. 

9 ‘‘(b) ELIGIBLE PROJECTS.—An applicant is eligible 

10 for a grant under this section for— 

11 ‘‘(1) a port development or improvement 

12 project; 

13 ‘‘(2) a multimodal terminal facility project; 

14 ‘‘(3) a land port of entry project; 

15 ‘‘(4) a freight rail improvement or capacity ex16 pansion project; 

17 ‘‘(5) an intelligent transportation system 

18 project primarily for freight benefit that reduces 

19 congestion or improves safety; 

20 ‘‘(6) a project that improves access to a port or 

21 terminal facility; 

22 ‘‘(7) an aerotropolis system, which for purposes 

23 of this section is a planned and coordinated 

24 multimodal freight and passenger transportation 

25 network that, as determined by the Secretary, promstockstill on DSKH9S0YB1PROD with BILLS

16 

•HR 1338 IH

1 vides efficient, cost-effective, sustainable, and inter2 modal connectivity to a defined region of economic 

3 significance centered around a major airport; or 

4 ‘‘(8) planning, preparation, or design of any 

5 project described in this subsection. 

6 ‘‘(c) PROJECT SELECTION CRITERIA.—In deter7 mining whether to award a grant to an eligible applicant 

8 under this section, the Secretary shall consider the extent 

9 to which the project— 

10 ‘‘(1) supports the objectives of the National 

11 Freight Transportation Strategic Plan developed 

12 under section 102(h)(3); 

13 ‘‘(2) leverages Federal investment by encour14 aging non-Federal contributions to the project, in15 cluding contributions from public-private partner16 ships; 

17 ‘‘(3) improves the mobility of goods and com18 modities; 

19 ‘‘(4) incorporates new and innovative tech20 nologies, including freight-related intelligent trans21 portation systems; 

22 ‘‘(5) improves energy efficiency or reduces 

23 greenhouse gas emissions; 

24 ‘‘(6) helps maintain or protect the environment, 

25 including reducing air and water pollution; 

mstockstill on DSKH9S0YB1PROD with BILLS

17 

•HR 1338 IH

1 ‘‘(7) reduces congestion; 

2 ‘‘(8) improves the condition of the freight infra3 structure, including bringing it into a state of good 

4 repair; 

5 ‘‘(9) improves safety, including reducing trans6 portation accidents, injuries, and fatalities; 

7 ‘‘(10) demonstrates that the proposed project 

8 cannot be readily and efficiently realized without 

9 Federal support and participation; and 

10 ‘‘(11) enhances national or regional economic 

11 development, growth, and competitiveness. 

12 ‘‘(d) PRIORITY.—The Secretary shall give priority to 

13 projects that have the highest system performance im14 provement relative to their benefit-cost analysis, as meas15 ured by the tools developed under section 103 of the Fo16 cusing Resources, Economic Investment, and Guidance To 

17 Help Transportation Act of 2011. 

18 ‘‘(e) LETTERS OF INTENT.— 

19 ‘‘(1) The Secretary may issue a letter of intent 

20 to an applicant announcing an intention to obligate, 

21 for a major capital project under this subsection, an 

22 amount from future available budget authority speci23 fied in law that is not more than the amount stipu24 lated as the financial participation of the Secretary 

25 in the project. 

mstockstill on DSKH9S0YB1PROD with BILLS

18 

•HR 1338 IH

1 ‘‘(2) At least 30 days before issuing a letter 

2 under paragraph (1) of this subsection, the Sec3 retary shall notify in writing the Senate Committee 

4 on Commerce, Science, and Transportation and the 

5 House of Representatives Committee on Transpor6 tation and Infrastructure of the proposed letter or 

7 agreement. The Secretary shall include with the no8 tification a copy of the proposed letter or agreement, 

9 the criteria used under subsection (c) for selecting 

10 the project for a grant award, and a description of 

11 how the project meets such criteria. 

12 ‘‘(3) An obligation or administrative commit13 ment may be made only when amounts are made 

14 available. The letter of intent shall state that the 

15 contingent commitment is not an obligation of the 

16 Federal Government, and is subject to the avail17 ability of funds under Federal law and to Federal 

18 laws in force or enacted after the date of the contin19 gent commitment. 

20 ‘‘(f) FEDERAL SHARE OF NET PROJECT COST.— 

21 ‘‘(1) Based on engineering studies, studies of 

22 economic feasibility, and information on the expected 

23 use of equipment or facilities, the Secretary shall es24 timate the net project cost. 

mstockstill on DSKH9S0YB1PROD with BILLS

19 

•HR 1338 IH

1 ‘‘(2) The Federal share of a grant for the 

2 project shall not exceed 80 percent of the project net 

3 capital cost. 

4 ‘‘(3) The Secretary shall give priority in allo5 cating future obligations and contingent commit6 ments to incur obligations to grant requests seeking 

7 a lower Federal share of the project net capital cost. 

8 ‘‘(g) COOPERATIVE AGREEMENTS.— 

9 ‘‘(1) IN GENERAL.—An applicant may enter 

10 into an agreement with any public, private, or non11 profit entity to cooperatively implement any project 

12 funded with a grant under this subchapter. 

13 ‘‘(2) FORMS OF PARTICIPATION.—Participation 

14 by an entity under paragraph (1) may consist of— 

15 ‘‘(A) ownership or operation of any land, 

16 facility, vehicle, or other physical asset associ17 ated with the project; 

18 ‘‘(B) cost sharing of any project expense or 

19 non-Federal share of the project cost, including 

20 in-kind contributions; 

21 ‘‘(C) carrying out administration, construc22 tion management, project management, project 

23 operation, or any other management or oper24 ational duty associated with the project; and 

mstockstill on DSKH9S0YB1PROD with BILLS

20 

•HR 1338 IH

1 ‘‘(D) any other form of participation ap2 proved by the Secretary. 

3 ‘‘(h) OVERSIGHT PROGRAM.— 

4 ‘‘(1) ESTABLISHMENT.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 establish an oversight program to monitor the 

7 effective and efficient use of funds authorized to 

8 carry out this section. 

9 ‘‘(B) MINIMUM REQUIREMENT.—At a min10 imum, the program shall be responsive to all 

11 areas relating to financial integrity and project 

12 delivery. 

13 ‘‘(2) FINANCIAL INTEGRITY.— 

14 ‘‘(A) FINANCIAL MANAGEMENT SYS15 TEMS.—The Secretary shall perform annual re16 views that address elements of the applicant’s 

17 financial management systems that affect 

18 projects approved under subsection (a). 

19 ‘‘(B) PROJECT COSTS.—The Secretary 

20 shall develop minimum standards for estimating 

21 project costs and shall periodically evaluate the 

22 practices of applicants for estimating project 

23 costs, awarding contracts, and reducing project 

24 costs. 

mstockstill on DSKH9S0YB1PROD with BILLS

21 

•HR 1338 IH

1 ‘‘(3) PROJECT DELIVERY.—The Secretary shall 

2 perform annual reviews that address elements of the 

3 project delivery system of an applicant, which ele4 ments include one or more activities that are in5 volved in the life cycle of a project from conception 

6 to completion of the project. 

7 ‘‘(4) RESPONSIBILITY OF THE APPLICANTS.— 

8 ‘‘(A) IN GENERAL.—Each applicant shall 

9 submit to the Secretary for approval such 

10 plans, specifications, and estimates for each 

11 proposed project as the Secretary may require. 

12 ‘‘(B) APPLICANT SUBRECIPIENTS.—The 

13 applicant shall be responsible for determining 

14 that a subrecipient of Federal funds under this 

15 section has— 

16 ‘‘(i) adequate project delivery systems 

17 for projects approved under this section; 

18 and 

19 ‘‘(ii) sufficient accounting controls to 

20 properly manage such Federal funds. 

21 ‘‘(C) PERIODIC REVIEW.—The Secretary 

22 shall periodically review the monitoring of sub23 recipients by the applicant. 

24 ‘‘(5) SPECIFIC OVERSIGHT RESPONSIBIL25 ITIES.—Nothing in this section shall affect or dismstockstill on DSKH9S0YB1PROD with BILLS

22 

•HR 1338 IH

1 charge any oversight responsibility of the Secretary 

2 specifically provided for under this title or other 

3 Federal law. 

4 ‘‘(i) MAJOR PROJECTS.— 

5 ‘‘(1) IN GENERAL.—A recipient of a grant for 

6 a project under this section with an estimated total 

7 cost of $500,000,000 or more, and a recipient for 

8 such other projects as may be identified by the Sec9 retary, shall submit to the Secretary for each 

10 project— 

11 ‘‘(A) a project management plan; and 

12 ‘‘(B) an annual financial plan. 

13 ‘‘(2) PROJECT MANAGEMENT PLAN.—A project 

14 management plan shall document— 

15 ‘‘(A) the procedures and processes that are 

16 in effect to provide timely information to the 

17 project decisionmakers to effectively manage the 

18 scope, costs, schedules, quality of, and the Fed19 eral requirements applicable to, the project; and 

20 ‘‘(B) the role of the agency leadership and 

21 management team in the delivery of the project. 

22 ‘‘(3) FINANCIAL PLAN.—A financial plan 

23 shall— 

24 ‘‘(A) be based on detailed estimates of the 

25 cost to complete the project; and 

mstockstill on DSKH9S0YB1PROD with BILLS

23 

•HR 1338 IH

1 ‘‘(B) provide for the annual submission of 

2 updates to the Secretary that are based on rea3 sonable assumptions, as determined by the Sec4 retary, of future increases in the cost to com5 plete the project. 

6 ‘‘(j) OTHER PROJECTS.—A recipient of Federal fi7 nancial assistance for a project under this title with an 

8 estimated total cost of $100,000,000 or more that is not 

9 covered by subsection (i) shall prepare an annual financial 

10 plan. Annual financial plans prepared under this sub11 section shall be made available to the Secretary for review 

12 upon the request of the Secretary. 

13 ‘‘(k) OTHER TERMS AND CONDITIONS.—The Sec14 retary shall determine what additional grant terms and 

15 conditions are necessary and appropriate to meet the re16 quirements of this section. 

17 ‘‘(l) REGULATIONS.—Within 1 year after the date of 

18 enactment of the Focusing Resources, Economic Invest19 ment, and Guidance To Help Transportation Act of 2011, 

20 the Secretary shall prescribe regulations to implement this 

21 section. 

22 ‘‘(m) APPLICANT DEFINED.—In this subchapter, the 

23 term ‘applicant’ includes a State, a political subdivision 

24 of a State, government-sponsored authorities and corpora25 tions, and the District of Columbia. 

mstockstill on DSKH9S0YB1PROD with BILLS

24 

•HR 1338 IH

1 ‘‘(n) SECRETARIAL OVERSIGHT.— 

2 ‘‘(1) The Secretary may use no more than 1 

3 percent of amounts made available in a fiscal year 

4 for capital projects under this subchapter to enter 

5 into contracts to oversee the construction of such 

6 projects. 

7 ‘‘(2) The Secretary may use amounts available 

8 under paragraph (1) of this subsection to make con9 tracts for safety, procurement, management, and fi10 nancial compliance reviews and audits of a recipient 

11 of amounts under paragraph (1). 

12 ‘‘(3) The Federal Government shall pay the en13 tire cost of carrying out a contract under this sub14 section.’’. 

15 (b) CONFORMING AMENDMENT.—The table of con16 tents for chapter 55 of title 49, United States Code, is 

17 amended by adding at the end the following: 

‘‘SUBCHAPTER III—FINANCIAL ASSISTANCE

‘‘5581. National freight infrastructure investment grants.’’. 

18 SEC. 202. PORT INFRASTRUCTURE DEVELOPMENT INITIA19 TIVE. 

20 Section 50302(c)(3)(C) of title 46, United States 

21 Code, is amended to read as follows: 

22 ‘‘(C) TRANSFERS.—Amounts appropriated 

23 or otherwise made available for any fiscal year 

24 for a marine facility or intermodal facility that 

mstockstill on DSKH9S0YB1PROD with BILLS

25 

•HR 1338 IH

1 includes maritime transportation may be trans2 ferred, at the option of the recipient of such 

3 amounts, to the Fund and administered by the 

4 Administrator as a component of a project 

5 under the program.’’. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS